People v. Evans

This is an appeal by the People from the trial court’s order suppressing evidence and dismissing the case. The dismissal was ordered incident to the order granting defendant’s oral motion to suppress evidence pursuant to Penal Code section 1538.5.

The order must be reversed for several reasons. In the first place, the order suppressing the evidence is erroneous in that it is based upon the mistaken premise that the arresting officer’s observation of marijuana seeds and debris on the automobile seat cushion upon which defendant had been seated immediately before he alighted from the vehicle did…